Prison Litigation Reform Act Analysis
The Prison Litigation Reform Act (PLRA) was enacted to reduce the quantity of lawsuits brought by prisoners by increasing the standards for inmates to bring civil rights complaints and putting restrictions on attorney’s fees that could be collected. In relevant part the PLRA provides:
Whenever a monetary judgment is awarded in an action described in paragraph (1), a portion of the judgment (not to exceed 25 percent) shall be applied to satisfy the amount of attorney’s fees awarded against the defendant. If the award of attorney’s fees is not greater than 150 percent of the judgment, the excess shall be paid by the defendant.
42 U.S.C. § 1997e(d)(2). The provisions of the PLRA which allow attorney’s fees clearly apply to judgments that come from the court proceedings. That act remains silent on if the 150 percent cap applies to settlements as well, such as an offer of judgment. Courts have then had to interpret if the cap applies in settlement cases where attorney’s fees were not specified. This memorandum will provide information on how the PLRA cap applies to …show more content…
"If the plaintiff has succeeded on 'any significant issue in litigation which achieve[d] some of the benefit the parties sought in bringing suit' the plaintiff has crossed the threshold to a fee award of some kind." Texas State Teachers Ass'n v. Garland Indep. Sch. Dist., 489 U.S. 782, 109 S. Ct. 1486, 103 L. Ed. 2d 866 (1989). A plaintiff who obtains relief or benefit through a settlement rather than a judicial ruling is a prevailing party. Maher v. Gagne, 448 U.S. 122, 100 S. Ct. 2570, 65 L. Ed. 2d 653 (1980). Courts are authorized “to award ‘a reasonable attorney's fee as part of the costs’ to a ‘prevailing party’ in cases brought under various civil rights statutes, including § 1983.” Kelly v. Wengler, 822 F.3d 1085, 1099 (9th Cir.
Whenever a monetary judgment is awarded in an action described in paragraph (1), a portion of the judgment (not to exceed 25 percent) shall be applied to satisfy the amount of attorney’s fees awarded against the defendant. If the award of attorney’s fees is not greater than 150 percent of the judgment, the excess shall be paid by the defendant.
42 U.S.C. § 1997e(d)(2). The provisions of the PLRA which allow attorney’s fees clearly apply to judgments that come from the court proceedings. That act remains silent on if the 150 percent cap applies to settlements as well, such as an offer of judgment. Courts have then had to interpret if the cap applies in settlement cases where attorney’s fees were not specified. This memorandum will provide information on how the PLRA cap applies to …show more content…
"If the plaintiff has succeeded on 'any significant issue in litigation which achieve[d] some of the benefit the parties sought in bringing suit' the plaintiff has crossed the threshold to a fee award of some kind." Texas State Teachers Ass'n v. Garland Indep. Sch. Dist., 489 U.S. 782, 109 S. Ct. 1486, 103 L. Ed. 2d 866 (1989). A plaintiff who obtains relief or benefit through a settlement rather than a judicial ruling is a prevailing party. Maher v. Gagne, 448 U.S. 122, 100 S. Ct. 2570, 65 L. Ed. 2d 653 (1980). Courts are authorized “to award ‘a reasonable attorney's fee as part of the costs’ to a ‘prevailing party’ in cases brought under various civil rights statutes, including § 1983.” Kelly v. Wengler, 822 F.3d 1085, 1099 (9th Cir.